Opinion
CIV. NO. 2:11-CV-01648-GEB-GGH
01-12-2012
LEAGUE TO SAVE LAKE TAHOE, a California non-profit corporation, Plaintiff, v. CITY OF SOUTH LAKE TAHOE, a municipality; and the CITY COUNCIL OF THE CITY OF SOUTH LAKE TAHOE, Defendants.
MICHAEL R. LOZEAU (Cal. Bar No. 142893) RICHARD T. DRURY (Cal. Bar No. 163559) LOZEAU| DRURY LLP
MICHAEL R. LOZEAU (Cal. Bar No. 142893)
RICHARD T. DRURY (Cal. Bar No. 163559)
LOZEAU| DRURY LLP
STIPULATION AND [PROPOSED]
ORDER FURTHER EXTENDING DEADLINE FOR
PREPARATION OF ADMINISTRATIVE RECORD AND BRIEFING SCHEDULE
(California Environmental Quality Act, California Public Resources Code Section 21167.6(c))
Date: N/A
Time: N/A
Courtroom: 10
Hon. Judge , Jr.
WHEREAS, the instant action was filed by Plaintiff The League to Save Lake Tahoe, a California non-profit corporation, ("Plaintiff" or "League"), on June 17, 2011, naming, as Defendants, the City of South Lake Tahoe and the City Council of the City of South Lake Tahoe (collectively, "Defendants" or "City"). The lawsuit challenges actions and inaction taken by the City on May 17, 2011, including (1) certification of the City of South Lake Tahoe General Plan Update Final Environmental Impact Report, (2) adoption of the City of South Lake Tahoe General Plan Update, and (3) failure by the City to submit the South Lake Tahoe General Plan Update to the Tahoe Regional Planning Agency ("TRPA") for review and approval pursuant to the Tahoe Regional Planning Compact ("Compact");
WHEREAS, on June 17, 2011, Plaintiff filed a Notice of Intent to Prepare Record pursuant to California Public Resources Code Section 21167.6(a) and (b)(2);
WHEREAS, California Public Resources Code Section 21167.6(b)(2) provides that an administrative record shall be prepared and certified within 60 days of service of the Notice of Intent to Prepare Record, even if the plaintiff elects to prepare the record. Therefore, the original deadline for preparing the Administrative Record in this action was August 19, 2011;
WHEREAS, California Public Resources Code Section 21167.6(c) provides that all parties to a CEQA action may stipulate to extend the deadline for preparing the administrative record for up to 60 days at a time;
WHEREAS, on or about October 3, 2011, the parties, through a Joint Status Report filed with this Court, agreed to extend the deadline for the certifying and lodging of the Administrative Record until January 17, 2012;
WHEREAS, this Court, through its Status (Pretrial Scheduling) Order dated October 7, 2011, adopted the parties' extension for the certifying and lodging of the Administrative Record, and so ordered;
WHEREAS, Plaintiff has reviewed the documents obtained from City, has prepared the initial draft of the Administrative Record along with the draft Administrative Record Index, and has submitted same to City for review;
WHEREAS, City is presently in the process of reviewing the Administrative Record and Index for completeness and accuracy;
WHEREAS, the parties recognize that given the volume of the material and the need for Plaintiff to incorporate any changes City may have to the Administrative Record and Index, it is infeasible to compile, review, and assemble the record within the previously-agreed deadline;
WHEREAS, the parties now agree that the deadline for the certifying and lodging of the Administrative Record be extended by thirty (30) days to February 17, 2012; and
WHEREAS, on or about October 3, 2011, the parties, through a Joint Status Report filed with this Court, proposed a schedule for the filing of dispositive motions for summary judgment; and
WHEREAS, this Court, through its Status (Pretrial Scheduling) Order dated October 7, 2011, adopted the parties' proposed briefing schedule for the filing of dispositive motions for summary judgment, and so ordered; and
WHEREAS, the parties now propose that the briefing schedule and hearing date for the filing of dispositive motions for summary judgment also be extended by thirty (30) days to accommodate the new deadline for the certifying and lodging of the Administrative Record;
THEREFORE, the Parties hereby stipulate and agree as follows:
1. As permitted by California Public Resources Code Section 21167.6(c), the deadline for preparing, lodging, and certifying the administrative record in this matter shall be extended by thirty (30) days to February 17, 2012.
2. Based on the new deadline for the certifying and lodging of the Administrative Record, the new schedule for filing of dispositive motions for summary judgment is:
April 3, 2012: Parties file and serve dispositive motions for summary judgment May 8, 2012: Parties to file and serve oppositions to motions for summary judgment May 29, 2012: Parties to file and serve their reply briefs
June 18, 2012 at 9:00 a.m. or as soon thereafter as the Court may be available: Hearing/Trial. IT IS SO STIPULATED.
LOZEAU | DRURY LLP
By: ____________
Michael R. Lozeau
Attorneys for Plaintiff LEAGUE TO SAVE LAKE TAHOE
CITY ATTORNEY'S OFFICE FOR THE CITY OF SOUTH
LAKE TAHOE
By: ________________________
Nira Feeley, Deputy City Attorney
Attorneys for Defendants CITY OF SOUTH LAKE TAHOE
and THE CITY COUNCIL OF THE CITY OF SOUTH LAKE
TAHOE
ORDER
Pursuant to the above Stipulation and good cause appearing therefore, IT IS ORDERED THAT:
1. The deadline for preparing, lodging, and certifying the administrative record in this matter shall be extended by thirty (30) days to February 17, 2012.
2. The schedule for filing and hearing the parties' dispositive motions for summary judgment is amended as follows:
The parties shall each file and serve their dispositive motion for summary judgment on or before April 3, 2012.
The parties shall each file and serve their opposition brief on or before May 8, 2012. The parties shall each file and serve their reply brief on or before May 29, 2012. The hearing on the parties' cross motions for summary judgment shall commence at 9:00 a.m. on June 18, 2012.
________________________
GARLAND E. BURRELL, JR.
United States District Judge